The Veteran's appeal is denied as his service-connected left ankle disability does not meet the criteria for an evaluation in excess of 20 percent prior to February 7, 2002 or 40 percent effective from that date.
The deciding factor: The evidence did not show any ankylosis or other unusual aspects of disability not contemplated by the rating schedule standards.
- Claimed conditions
- Left Ankle Sprain, Jones Fracture of Left 5th Metatarsal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2010
- Citation
- 1036035
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 1036035.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's PTSD, sleep apnea, hypertension, right MCA stroke with left-sided hemiplegia and major neurocognitive impairment, headaches, left ankle sprain, cervical sprain, and lumbar disc disease are all granted as secondary to service-connected conditions.
- Whole decision: Granted
The Board has granted restoration of the Veteran's ratings for his service-connected right and left ankle disabilities from 30% to 10%, effective November 1, 2020.
- Whole decision: Partly granted
The Board granted an initial 10 percent rating for bilateral hearing loss but denied a higher rating and also denied an increased rating for left ankle sprain.
- Whole decision: Remanded (sent back)
The Board remands the claims for increased ratings and service connection due to the need for additional medical opinions regarding functional ankylosis and aggravation of obstructive sleep apnea by service-connected disabilities.
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